33-1381

33-1381. Retaliatory conduct
prohibited

A. Except as provided in this section, a landlord may not retaliate by increasing
rent or decreasing services or by bringing or threatening to bring an action for
possession after any of the following:

1. The tenant has complained to a governmental agency charged with responsibility
for enforcement of a building or housing code of a violation applicable to the premises
materially affecting health and safety.

2. The tenant has complained to the landlord of a violation under section 33-1324.

3. The tenant has organized or become a member of a tenants' union or similar
organization.

4. The tenant has complained to a governmental agency charged with the
responsibility for enforcement of the wage-price stabilization act.

B. If the landlord acts in violation of subsection A of this section, the tenant is
entitled to the remedies provided in section 33-1367 and has a defense in action against
him for possession. In an action by or against the tenant, evidence of a complaint
within six months prior to the alleged act of retaliation creates a presumption that the
landlord's conduct was in retaliation. The presumption does not arise if the tenant made
the complaint after notice of termination of the rental agreement. "Presumption", in this
subsection, means that the trier of fact must find the existence of the fact presumed
unless and until evidence is introduced which would support a finding of its
nonexistence.

C. Notwithstanding subsections A and B of this section, a landlord may bring an
action for possession if either of the following occurs:

1. The violation of the applicable building or housing code was caused primarily by
lack of reasonable care by the tenant or other person in his household or upon the
premises with his consent.

2. The tenant is in default in rent. The maintenance of the action does not release
the landlord from liability under section 33-1361, subsection B.